Shri. Vithal S/O Laxman ... vs Shri. Shankar S/O Tippanna Wagh
2022 Latest Caselaw 4362 Kant

     HIGH COURT LEGAL SERVICES COMMITTEE,
               DHARWAD BENCH

              BEFORE THE LOK ADALATH

        IN THE HIGH COURT OF KARNATAKA,
                 DHARWAD BENCH

     DATED THIS THE 12 T H DAY OF MARCH, 2022

              CONCILIATORS PRESENT:

     HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
                         AND
           SRI.S.S. BADAWADAGI, MEMBER

            M.F.A.No.1000746/2022 [MV]
                 (Lok Adalat No.32/2022)

BETWEEN:

SHRI. VITHAL
S/O LAXMAN SURANNAVAR,
AGE: 31 YEARS,
OCC: COOLIE, NOW NIL,
R/O: NANADI, TQ: CHIKODI,
DIST: BELAGAVI 593107.
                                           ...APPELLANT

(BY SRI.SANTOSH S. HATTIKATAGI, ADVOCATE)

AND:

1.     SHRI SHANKAR S/O TIPPANNA WAGH,
       AGE: MAJOR, OCC: BUSINESS,
       R/O: MALLAPUR PG GHATAPRABHA,
       TQ: GOKAK, DIST: BELAGAVI 593107.
                         2




2.   THE DIVISIONAL MANAGER,
     NATIONAL INSURANCE COMPANY LIMITED,
     RAMDEV GALLI,
     BELAGAVI-593107.
                                  ....RESPONDENTS

(BY SRI.GANGADHAR S.HOSAKERI, ADVOCATE FOR R2)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF

THE MOTOR VEHICLES ACT, 1988 PRAYING THIS HON'BLE

COURT TO MODIFY THE JUDGMENT AND AWARD PASSED

BY THE IV ADDITIONAL DISTRICT JUDGE AND MACT-V,

BELAGAVI, IN MVC No.1054/2019 DATED 07.12.2020 BY

ENHANCING THE COMPENSATION AS PRAYED FOR IN THE

CLAIM PETITION, BY ALLOWING THIS APPEAL, IN THE

INTEREST OF JUSTIOCE AND EQUITY.

THE APPEAL BEING REFERRED TO LOK ADALAT,

COMING ON FOR CONCILIATION, THIS DAY, THE LOK

ADALAT PASSED THE FOLLOWING:

CONCILIATION ORDER

The learned counsel for the appellant and the

representative of Respondent-Insurance Company

along with its counsel are present.

2. After prolonged negotiations, the matter is

settled. The Appellant-claimant has agreed to receive

and the Respondent-Insurance Company has agreed

to pay a global compensation of Rs.1,30,000/-

(Rupees One Lakh Thirty Thousand only), in addition

to what has been awarded by the Tribunal, in full and

final settlement of the claim. A joint Memo is filed on

behalf of the parties to this effect. Same is accepted.

3. The said amount shall be released in favour of

the claimant.

4. The Respondent-Insurance Company has agreed

to deposit the said amount before the Tribunal within

six weeks from the date of preparation of Award,

failing which the said amount shall carry interest at

the rate of 9% p.a. from the date of default, till the

date of deposit.

5. The Miscellaneous First Appeal stands disposed

of in terms of the Joint Memo. The award of the

Tribunal shall stand modified accordingly. Draw up the

award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

AC